Special HC’S jurisdiction challenged

Counsel Anuja Premaratna PC yesterday challenged the Special High Courts Jurisdiction to hear the case against notorious wild elephant trafficker Samarappulige Niraj Roshan alias Ali Roshan. The Counsel filing a preliminary objection contended that the Permanent High Court Trial-at-bar does not have jurisdiction to here the case and he therefore pleaded to terminate the Special High Court proceedings against the accused.

However, the three Judges of the trial-at-bar allowed Prosecution Counsel Janaka Bandara to file objections on February 21.

The Colombo Permanent High Court judges Sampath Abeykoon Sampath Wijeratna and Champa Janaki Rajaratna yesterday after considering the oral submissions made by the counsel for the prosecution and defence ordered the Prosecution Counsel to file objections on or before February 21.

The mastermind of the crime Ali Roshan and six others were indicted in the Special High Court by the Attorney General for illegally retaining four wild elephants in their possession without valid permits.

The Attorney General filed indictments against Samarappulige Niraj Roshan, Wildlife Department officers Upali Padmasiri and Priyanka Sanjeewani, Gihan Dhammika, Chandana Kumara, S. Gamlath and Gamage Jayalath for conspiring with the main accused Roshan to retain four elephants without permits from June 5, 2012 to August 31, 2015.

They were indicted on 24 counts for violating the Fauna and Flora Ordinance and Public Property Act. The Prosecution alleges Ali Roshan was the mastermind behind the racket.

The accused have illegally caught wild elephant calves and had sold them for high amounts to third parties.

The Attorney General has listed 15 items as production and named 30 individuals including two veterinary surgeons of the Wildlife Department and two professors of the Peradeniya University Veterinary Department as witnesses for the case.